TERMS AND CONDITIONS
Thorburn and Sons Pty Ltd
Who we are
Thorburn and Sons Pty Ltd is a metal fabrication company and online shop where you can purchase products offered for sale from time to time by entering your details in the form and clicking on the button that says “place order”.
Thorburn and Sons website is owned, operated and maintained by Thorburn and Sons Pty Ltd 02 9879 7682 PO Box 462 Gladesville NSW 1675 Australia. Email firstname.lastname@example.org
(Insert ABN Here)
About the Agreement
Use of some parts or features of the website may be governed by other terms and conditions. Those terms and conditions will also apply to this Agreement, and will prevail over this Agreement if there is any inconsistency between them.
We may amend this Agreement at any time without notice. Any amendments to this Agreement will be effective as soon as they are posted to the website. By using this website you agree to be bound by any changes to this Agreement.
How you order
By clicking on the “place order” you are agreeing to the following:
(a) You are accepting an offer to purchase a product for the price advertised on Thorburn and Sons Pty LTD.
(b) You have the intention of being legally bound.
(c) You are over the age of 18 years or have the permission of an adult to do so.
(f) You authorize us, our financial institution and our bill payment systems provider to deal with your credit or debit card in order to process your information for the purposes of payment to us for the purchase of products. Once your order is placed you will receive an email from us setting out your order.
Prices are as follows:
(a) Prices for products sold exclusively within Australia are advertised in Australian dollars and are GST inclusive but have a delivery cost added to the final price. The delivery cost will be calculated at the end of your order and will be dependent on your location.
(b) Prices for products sold outside Australia are advertised in Australian dollars and have a delivery cost added to the final price but have no GST included or added to the final price. The delivery cost will be calculated at the end of your order and will be dependent on your location.
All items sent by post or courier do not have any insurance coverage included in the purchase price including loss or damage to an item unless separately arranged in writing.
Payment is to be made in Australian dollars.
Offers on the Thorburn and Sons Pty Ltd form part of these terms and conditions.
Thorburn and Sons Pty Ltd will not be held for any loss due to you entering incorrect details on the form including but not limited to an incorrect address provided by you. In the event that you change your address between the time you purchase a product you must notify Thorburn and Sons Pty Ltd in writing of your change of address. You can contact the Customer Services Department for more details on 02 9879 7682
Products will be delivered to you within 4 to 6 weeks of your order.
In the event a delivery is delayed we will inform you of this and provide you with the option to either wait giving you an approximate wait time, choose a different product of equivalent value or refund your money.
Returns for change of mind
You may return your product within 30 days of us dispatching your purchase to you provided that products returned must be in the original unopened packaging and the packaging must not be damaged.
Any opened packaging will not be accepted to be returned.
Under no circumstances will we refund monies before we have received your product back to our premises and checked it as being in the original unopened and undamaged packaging.
All returns are subject to a $ 20.00 administration fee which you authorize us to be deducted off the balance to be refunded to you.
We may refund by cheque, credit card or PayPal.
Refunds take approximately 4-6 weeks to process by cheque, approximately 5-10 days by credit card and approximately 2-3 days by PayPal.
Dispatched goods not received
In the event that you do not receive dispatched products and we are unable to assist you to locate them in transit and we will require you to provide us with a Statutory Declaration witnessed by an eligible person and setting out that you have not received your product before we will consider replacing a product lost in transit. We have the sole discretion to refuse to replace a product lost in transit.
All statutory guarantees apply to our goods.
In the event that a problem arises and a statutory guarantee applies which is not major will offer to repair, replace or refund your product.
In the event that the problem is major you are able to choose whether you want a replacement or a refund.
A major problem is:
(a) The product is unsafe
(b) The product is significantly different from the description
(c) The product doesn’t do what we say it would do or it is not what you asked for and can’t be easily fixed.
Products that are damaged as a result of normal wear and tear are not considered to be faulty.
Product that have been tampered with or altered in any way will not be returned.
Protecting Your Privacy
Indemnity and Limitation of liability
14.1 You indemnify Thorburn and Sons Pty Ltd, its directors, officers, employees, suppliers and agents to the fullest extent permitted by law, from and against all Loss however occurring to you or anyone else arising out of, or in any way connected with, the use of this website.
The cause of the Loss includes but is not limited to: (1) access or use, or inability to access or use this website; (2) reliance on any Content; (3) the transmission of any computer virus; (4) Thorburn and Sons Pty Ltd negligence; (5) a breach of your computer’s security; (6) any unauthorised access to, modification or alteration of Content; (7) any material or data sent or received or not sent or received; (8) any infringement of another’s rights, including Intellectual Property; (9) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party; (10) any Content sent by any third party using and/or included in this website; and (11) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
In relation to Non Excludable Rights, any liability incurred by Thorburn and Sons Pty Ltd in relation to the use of this website or the Content are limited as provided under the Competition and Consumer Act 2012 (Cth). Liability which cannot be excluded is limited to the extent possible: (1) the supply of the goods or services again; (2) the repair of the goods; or (3) the payment of the cost of having the goods or services supplied again or repaired; (4) A refund.
From time to time Thorburn and Sons Pty Ltd may change the website to add or remove features or services, without liability to Users.
To the fullest extent permitted by law, Thorburn and Sons Pty Ltd disclaims all warranties, express or implied or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose relating to your use of the website, or access to or non-access to the website. In addition, Thorburn and Sons Pty Ltd does not warrant that the website or the server that makes it available, or email sent from Thorburn and Sons Pty Ltd are free of viruses or other harmful components.
If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement which will continue in full force and effect. All rights not expressly granted are reserved.
If you breach any provision of this Agreement and have knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver or legal rights granted under this Agreement will only be effective if it is in writing and signed by Thorburn and Sons Pty Ltd.
Governing law and jurisdiction
All matters relating to this website are governed by and are to be construed according to the laws applicable in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Thorburn and Sons Pty Ltd has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if considers (in its discretion) that the action is necessary or desirable.
Using the Website from outside Australia
if you access the website from a country other than Australia and the Content and this Agreement do not satisfy the laws of your country, you are not entitled to use the website.